Murugan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Murugan, :Petitioner/A1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Authoor Police Station, Authoor, Thoothukudi District, Crime No.137 of 2025.

: Respondent/Complainant For Petitioner : Mr.N.Pragalathan, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. PRAYER :- For Anticipatory Bail in Crime No.137 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(2) of BNS, in Crime No.137 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on receipt of secret information, on 1/5

15.07.2025 at about 04.00 am, the defacto complainant and other police officials went to the occurrence place, wherein they found that the petitioner and others were loading 50 bags of river sand ie., 1 unit in a TATA 407 vehicle bearing Reg.No.TN-92C-4350. Upon seeing the police parties, they ran away. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. 4.The learned Government Advocate (Criminal Side) submitted that based on secret information on 15.07.2025 at about 04.

00 am, the defacto complainant and other police officials went to the occurrence place, wherein they found that the petitioner and others were loading 50 bags of river sand ie., 1 unit in a TATA 407 vehicle bearing Reg.No.TN-92-C-4350. Upon seeing the police parties, they ran away from the occurrence place. Investigation is pending. He further submitted that the properties have been recovered and the petitioner is having two previous cases.

5. Considering the facts and circumstances of the case and taking into account of the fact that the properties have already been recovered and considering the fact that the occurrence had taken place on 15.07.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory 2/5

bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruchendur, Thoothukudi District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Tiruchendur, Thoothukudi District, and on further conditions that:

(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the District Mineral Foundation Trust, Thoothukudi District as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate, Tiruchendur, Thoothukudi District, shall accept the sureties furnished by the petitioner;

(c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Tiruchendur, Thoothukudi District. In the event of any 3/5

change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Tiruchendur, Thoothukudi District; (d) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial; (g) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 25/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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das TO 1.The Judicial Magistrate, Tiruchendur, Thoothukudi District.

2.The Inspector of Police, Authoor Police Station, Authoor, Thoothukudi District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Officer-incharge, District Mineral Foundation Trust, Thoothukudi District +1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-8047[I] dated 25/07/2025 )

ORDER

IN CRL OP(MD) No.12450 of 2025 Date :25/07/2025 AS/26.08.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5